Wilson & Co.

In the Matter of WILSON & COMPANY and L. U. #6, UNITED PACK- INGHOUSE WORKERS OF AMERICA OF PACKINGHOUSE WORKERS ORGAN- IZING COMMITTEE AFPILIATED WITH C. I. O. s Case No. R-1375 SUPPLEMENTAL DECISION AND CERTIFICATION . OF REPRESENTATIVES September 3, 1940 On August 7, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case,' and on August -22, 1939, issued an Amend- ment to that Direction of Election,' postponing the election until such time as the Board might in the future direct. On May 23, 1940, the. Board served on all parties a notice that unless sufficient cause to the contrary should be shown on or before June 1, 1940, the Board* would direct an election to be held after June 3; 1940. No cause to the contrary having been shown by any of the parties, the Board, on June 15, 1940, issued a Supplemental Decision and Sup= plemental Direction of^ Election ,3 directing that an election by secret ballot be conducted among certain described employees of Wilson & Compaliy, herein called the Company, at its Albert Lea,. Minne, sota, plant to determine whether they desired to be represented for the purposes of collective bargaining by Local #6, United Pack- inghouse Workers of America of the Packinghouse Workers Organ- izing Committee, affiliated with the Congress of Industrial Organi- zations, herein' called Local #6, or by Workers' Union, or by neither. Pursuant to the Supplemental Direction of Election, an election by secret ballot was conducted on July 2, 1940, under the direction and supervision of the Regional Director for the Eighteenth Region (Minneapolis, Minnesota). On July 3, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of, which were duly served upon the parties. 114 N. L. R B. 283. 214 N. L. R. B. 291. 8 24 N.L.R B 731. 27 N. L. R. B., No. 11. 60 WILSON & COMPANY 61 As to the tresults .of the balloting, :the Regional ,Director reported as follows : ' Total number eligible to vote- _________________________ 770 Total number of ballots cast_______________________________ 706 Total number of votes counted____________________________ 697 Total number of ballots cast for United Packinghouse Work- ers of America, of Packinghouse Workers Organizing Com- mittee, Local Union No.'6 (C. I 0 )-------------- _--------- 407 Total number of ballots cast for Workers' Union------------- 273 Total number of ballots cast for neither of the above organiza- tions----------------------------------------------------- 17 Total number of blank ballots_______________________________ I Total number of void ballots________________________________ 0 Total number of challenged ballots___________________________ 8 Since the number of challenged ballots cannot affect the result of,the election, we find it unnecessary to pass upon the challenges. On July 8, 1940, Workers' Union filed with the Board objections to the conduct of -the ballot and to the Election Report, upon the grounds, inter alia, that (1) the election originally directed had been postponed by the Board On August 22, 1939, without first giving Workers' Union an opportunity to be heard on whether there should be a postponement, and that such postponement was detrimental to the interests of Workers' Union; (2) the Board, by postponing the election on August 22, 1939, lost jurisdiction to conduct the election on July 2, 1940; (3) the date and place of the instant election and the position of the competing unions on the ballot was decided with- out giving Workers' Union an opportunity to be heard and were arbi- trary, unfair, and of advantage only to Local #6; (4) Local #6 had information that the' election was to be held at a time when no such information was made available to Workers' Union and publications of the Congress of Industrial Organizations, with which Local #6 is affiliated, carried news of the election on July 2, 1940, before Workers' Union had been advised of such election. On July 20, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued his Report on Objections, in which he reported the results of his investigation.4 4 As to the first two objections set forth by workers ' Union, the Regional Director reported that workers' Union did not raise any objection to the postponment of election on August 22, 1939 , filed no answer to the Board's notice of May 23, 1940, which stated that an election would be directed unless cause to the contrary were shown by June 1, 1940 , and participated without protest or objection in the election of July 2, 1940. As to the third objection, the Regional Director's investigation showed that workers' Union had no cbjection to the date on which the election was held, apart from its contention that the Board had lost jurisdiction to conduct any election ; had previously consented to an election in the place where the election in issue was held ( i e., in the Council Chambers of the Albert Lea City Hall ) ; and that the principal objection was that Local 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Board has. considered the Election Report, the objections filed by Workers' Union, and the Report one Objections, aihd:finds that the objections filed by Workers' Union do not raise substantial or material issues with respect to- the conduct of the ballot or the Elec- tion Report. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat: 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended,- IT IS h EREBY - CERTIFIED that Local Union #6, United Packinghouse Workers of America of the Packinghouse Workers Organizing Com- mittee, affiliated with the Congress of Industrial Organizations, has been- designated' and selected by a majority' of all , production and maintenance employees of Wilson & Company, at its Albert Lea plant, excluding foremen, assistant, foremen, clerical and office employees, teamsters, supervisory employees, and checkers, as their representa- tive for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, Local #6, United Packinghouse Workers of America of the Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. #6 was given the left-hand position on the ballot and workers' Union the middle position with regard to the fourth oblection of workers' Union , the Regional Director re- ported that the only information contained in publications `of Local #6 and the C I O. dealt with a proposed stipulation among the pasties for the use of a current pay roll in the event an election should be ordered The stipulation was not accepted by the Com- pany and efforts to obtain such stipulation were abandoned . Subsequently the Board issued and served upon all parties the Notice of May 23, 1940, which infoimed all parties that the Board intended to direct ^ an election in the near future The Supplemental Direction itself was not issued until June 15, 1940 , 2 weeks later, and the election occurred on July 2, 1940, thus giving workers' Union almost 6 weeks' notice of the election The Regional Director also reported that representatives of Local # 6 submitted to him a' handbill which they alleged had been circulated by workers' Union among emplolees of the Company on June 18 , 1940. The handbill announced the forthcoming election and stated that "workers ' Union welcomes this opportunity to settle this matter of sole - ' _ , bargaining agent."